Should I now contact Admiral for claiming off them?

Spoken to them again, they wont give me the engineers report, but claimed she had spoken to engineer and she said there was no deduction due to previous damage. She then also said I was £300 better off due to excess being applied once, I wasn't aware that no fault claims came with an excess...

Car was worth roughly £8k Damage was quoted at £1800 I would say that the damage would make the car worth £6k...or a bit less since the new owner would have to go through the hassle of repairs. Car was valued at second incident at £6k at present condition pre accident. Which was settled less excess and some deductions. Car was definitely inspected, I never saw engineers report. The insurance company did a Cat B write off and has been in possession of the car since the police released it to them.

My Car was damaged in March by a 3rd party while parked. Car was booked into repair Insurer cancelled the repairs for more investigations (they wanted it checked by a specialist engineer) Time moves on, and we end up in July. My car is involved in another accident, and is written off. The original repair is then scheduled and I say I don't need it any longer and want the claim settled in cash Original claim is against Admiral, while mine is underwritten by Markerstudy Second claim was my fault, and it was valued at roughly what I'd expect for the state it was, and the valuation said it was valued at the present condition prior to the incident. My Insurance company paid that out. My insurance company now say that since I no longer have the car, i'm not entitled to anything from the first incident. Even though my car was damaged and I had to drive with a banged up car for months, other party admits liability, and I'm roughly £2k out of pocket since value of my car at second claim was lower. Edit: They also now states the engineer didnt take any prior damage into account. Even though I have in writing that he valuation was as at present condition, if it wasn't I would have argued the valuation. Are they entitled to say this?

She is currently about 8 weeks behind on her payments due to not paying for half of September, October and a bit of November.

Just an update on this, she has paid nearly half the owed amount.I think the remainder is £1200 or so I would have to check my records, however she missed another payment today. Ontop of about 4 missed ones last year. The ones last year I know the reasons for and have been cool about.However I was told today that she is not paying today, shifting the payment till next Friday. I wish to apply for the Tomlin to be enforced. Is there any pitfalls, anything that could get it thrown out? The court edited the tomlin slightly, so i'll get a scanned copy done and posted here as well just in case.

Maybe time to invest in some PV an a Tesla Powerwall....

THE SCHEDULE MADE ON 12/05/2015 BETWEEN (a) Mr XX of XX and (b) Ms XXof XX UPON THE PARTIES HAVING SETTLED THEIR DISPUTE BY NEGOTIATION ON 12/05/2015 BY CONSENT IT IS ORDERED THAT: 1. XX shall pay XX the sum of £1,700 by way of bank transfer on a bi-weekly basis of £100 instalments starting the 22nd of May 2015. 2. The sum referred to in paragraph 1 is paid and received in full and final settlement of all between XX and XX, including interest and cost. 3. The contents of this agreement shall stay confidential between the parties. 4. If a payment is missed by more than 7 days the defendant will pay £2,391 forthwith less any payments made under this agreement, in addition any statutory interest accrued since 21/05/2015 is payable forthwith. 5. Liberty to Apply. I feel I'm being very lenient here, as she actually forgot to acknowledge service and I could apply for a default judgement. But she does live 5 minutes away, so things could become akward. I also agreed to this before I knew she had forgotten to acknowledge service so I feel it would be wrong to now backtrack.

Paragraph 4 was meant to be that the claimaint could apply to have the full amount owed £2391 as a judgement if the respondent failed to deliver on their agreed Tomlin Order of £1,700.Is that not possible on a Tomlin?

I think I have to do a Tomlin Order. As she wants to pay it back in installments of £100 on a bi-weekly basis. I Found a template that I used, and wrote out a Tomlin order: UPON THE PARTIES HAVING SETTLED THEIR DISPUTE BY MEDIATION ON IT IS AGREED THAT: 1. XXXX shall pay XXXX the sum of XXXX by way of bank transfer on a bi-weekly basis of £100 instalments starting the 15th of May 2015. 2. The sum referred to in paragraph 1 is paid and received in full and final settlement of all between XXXXX and XXXXX, including interest and cost. 3. The contents of this agreement shall stay confidential between the two parties. 4. If the agreement is breeched by the respondent, it’s agreed that the original claim shall come into effect. 6. The Tomlin Order forms part of this settlement agreement. XXXXXX will file this Tomlin Order with xxxxxxx County Court by 22/05/2015. She is still negotiating slightly on the full amount but we're so close in money terms it's not a problem really.Anything else I should include? Also does paragraph 4 mean that if she defaults on the tomlin order, the full £2.4k would be payable and not just the agreed Tomlin settlement?

She has offered me an acceptable settlement, and I'd prefer that over going to court.I spoke to the MCOL helpdesk and they say we can set up an informal agreement which if defaulted will lead to a judgement.Could someone walk me through the process as the lady on the phone wasn't all that helpful on the details just referring me to the mcol website.

I have emails with admittance of debtAll cash transactions have been labeled LoanI have repayments from her regarding holiday labeled with the destinationI dont have a signed agreement but I think the above should be enoughI've just filed a claim with MCOL, in the end £105 to possibly get back my £2.2k is a risk i'm willing to take.

The cash transfers are all labeled with Loan, and the agreement to pay half for the holiday etc I have emails and communication showing the persons agreement to.

I've sent emails, and I have copies. I also sent a letter before action that I have copy of which was 2 weeks ago. That she didnt respond to. I had a phone call today from the police stating that I'm not allowed to contact her as this could escalate into an harassment offense. Nothing I've sent have been harassing or aggressive. But it leaves me no other option but to pursue this through the court.

I have nearly everything in writing, via email correspondence and texts. She has also labeled each repayment with things like payment for loan etc. I've kept track of the dates a loan was made, and when it was repaid and the dates of transactions etc.